- 7 - Respondent then called the examining agent as a witness to introduce basic documents in the case, including a delinquent 1993 return, transcripts and computer records of petitioner's 1993 and 1994 tax years, and a copy of the deficiency notice. The agent also explained the reconstruction of petitioner's income by means of BLS averages. Petitioner, on cross- examination, only asked respondent's agent why he used BLS averages even though petitioner was drawing unemployment compensation and had a standard of living far below the average depicted by the statistics. The agent responded that petitioner's refusal to come forward with any information at the time of the examination was the reason that any differences in petitioner's cost of living and income from the statistical averages were not taken into account in determining petitioner's income for 1993 and 1994. Petitioner admittedly and purposely failed to file returns for the taxable years 1993 and 1994. Petitioner asserted the Fifth Amendment with respect to submitting documents or information to respondent or the Court. The filing of income tax returns in accordance with statutory and regulatory provisions does not, per se, violate a taxpayer's privilege against self- incrimination under the Fifth Amendment. White v. Commissioner, 72 T.C. 1126, 1130 (1979). Petitioner in this case did not claim to be under criminal investigation for the taxable years inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011